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HomeMy WebLinkAbout131159 CONCENTRA MEDICAL - PURCHASE ORDER - 3300435Date: 01/14/03 City of Fort Collins Page Nu 1 City of Fort Collins Purchase Order Number: 3300435 Delivery Date: 01/14/03 Buyer: O'NEILL,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 2002 FLU SHOTS 4,004.00 Total This order is rlQi*alid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6776 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us 4,004.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS. Invoice Addresr. To ensure prompt Payment mail invoica in duplicate to. City of Fort Collins Accounting Divisim P.O. Box 590 Fora Collins, CO 80522 Tm acmphom. By aWute the City of Fat Collins is exempt flan sots and local mxa. Our Exenrytion Number is 9"502. Federal Excise T. Exemption Certificate of Registry 846000587 is registered wuh the Collector of Imams Revenue, Denver, Colorado (Ref Colorado Revised Statums 1973, Chapter 39-26, 114 bo. Goods Rejected. GOODS REJECTED due to failure to area specifications, either whm shipped or due to defects of damage in trmsir, MY be rewrned an you for credit and ere era to be replaced except upon receipt of wrium instructions from the City of Fort Collins. Inspect.. GOODS arc subject to the City of Fort Collins impact. on mivd. Fire Acceptance. Receipt of the merchandise, service a equipment in response an this order can result in authaiml payment an the pan of the City of Fort Collins. Hoerva, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tome. Shipments most be P.O.B., City of Fort Collins, 7W Wand St, Font Collins, CO 80522, unlm otherwise specified on the order. Ifpamissim is given to prepay freight and charge separably, the ongiml freight bill must accompany invoice. Additional charges fm packing will not be accepted. Shipment Distance. Where mmufacturen have distributing points in various parts of the country, shipment is expected from Me at distribution point to destination, and excess freight will be deducted from Invoice whon shipments are made from greater distance. Permits. Sella Mall Procure a sellers sole cat all necessary permits, cmificate, and theater required by all applicable laws, regulations, on in sum and mien ofthe state, municipality, territory or political subdivision where the work is perfomad, a required by my other duly constituted public authority having jurisdiction ova the work of vendor. Sella Further agrees to hold the City of Fort Collins harmless from and against of liability and loss incurred by than by rearm of an raerod or established violation of my such laws, regulations, ordinances, miss and requirements. A.Moimtion. All pamtia to Nis contract agree Me the reprmentazives me, in fact how, fide and powers full and complete authority to bind said panic. LIMITATION OF TERMS, This Purchase Order expressly, limits acceptance to the terms and conditions sited heron an firth and my supplementary or additional terms and Madonna annexed baeto or incapomtd heron by reference. Any additional ordifferent terms and conditions proposed by sell, are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASINGAGENT immediately if you manor make complete shipment to native m your psnired delivery data m and Time is of the essence. Delivery and peKamance most be effected within the time stated on the purchase order and the docmnens attached hereto. No acts of the Purchasers including, without limhaice, acceptance ofpatial lots deliveries, shall operate ns a waiver of Nis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damage. However, the Sella shall not he liable for damages as a result of delays don m teas nor reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ens of Gad ants of civil or military sutbotifies, govanmenW pioritia, fires, strikes, food, epidemics, wan or mar provided the notice of the conditions causing such delay is given to the Purchaer within five (5) days of the Mae when the Sella first received knowledge thereof, In the event of my such delay, the dice of delivery shall be sanded fen the peed stand to the time morally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, adcles, materials and wok covered by this mda will conform with applicable dasvivga specifications, smgim and/or other descriptions given, will be fit for Me puhmce intended and performed with the highest degree of Mass and compensate in accordance with accepted standards for work of a similar nears. The Sella agrees to hold Me pmchua hmmlem from my low, danglc or expense which the Purchaser may suffer or most on Monte of the Sol late bracer of warranty. The Seller shall replace, repair or make good, withont cat to the Purchaa, my defects or faults arising within one (1) you or within such longs paned of time a may be prescribed by law or by Me demo of my applicable warmty provided by Me Sella at. the date of aceepsna of the goads furnished hereunder (aceptmu va to be unreasonably delayed), ..lung from imperfect or defective work done or materials furnished by the Sella Acceptance or we ofgood i by the purchaser shall nor constitute a waiver of my claim under this warranty. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing wananties or guarantees, but such liability shall in on event include has ofprofits or low of user NO DIPLIM WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make charges to legal tems by vamen change order 5. CHANGES IN COFIMERCIAL TERMS. The Purchaser may make my changes to the teens, other them legal tams, including addifioa m ordeldans from the qumtida originally ordered in the sp,ifications or drawings, by verbal or written change order. If my such dangle all" Me mount due a the time of performance hereunder, an equitable adjustment shall be made. 6. TETOUNATIONS. The Purchaser may a my time by written change ado, terminate this agreement a to my or all portions of toe goods Man not shipped, subject to MY stumble arljneament bobvem toe pension as to my work a materials Uses in progress prodded that Me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion ofthe goods mNa work, for incidence or ammquestial damages, a i Ma no such djustmmt be, made in favor of the Sella with respect to any goads which an Me ScHas standard stock. No such umsnafion Mall relieve Me Purchaser or Me Sella of my of their obligations as to my gads delivered haeun ia. 0. CLAIMS FOR ADIUSTMENT. Any cairn for adjustment must be awend within thirty (30) days than the time the change or Maine. is ordered 8. COMPLIANCE WffH LAW. The Sella warrants that all goods sold hereunto shall have been produced, sold, delivered and fiuniMal in strict compliance with all applicable laws and regulation to which the goods are subject The Sella Mall execute and deliver such dncumess a may be required m effect a evidence compliance, All laws and minimum; on,ared to be incorporated in ageanms of this character an, hereby incorporated herein by this reference. no Sella egos to i esurnify and hold Me Purchaser handers from all costs and damages suffered by Me Purchaser as n.ult of the Sellm failure to amply with such Irv. 9. ASSIGNMENT. Neither petty shall align, tranter, a anlay thu ceder, or my maim don or to become due haeudder without Me prim venter, moment of Me other party. 10. TITLE. The Sella wamvts full, clear and unrestricted fide to the Pacl sax f e all equipment, connotes, and items fnsiMed in performance of this agreement, free and clear of my and all lima, resimcdons, reservations, security interest e turnbancce and claim of other. 11, NONWAIVER. Failure of the Purchaser to hand upon stria performance of the teens and conditions hereof, failure a delay to exestise any rights or renumber provided herein a by law, failure to promptly notify Me Soler in the most of a breech, the accepsnce of or payment fie gods hercunda or approval of the deign, shall nor releam the Seller of my of Me warantie or obligations of this purchase order and shall not be defect a waives of my right of the purchase to insist upon strict performance heraf or my of its rights or ranobes as to my such goods, regardless ofwhm shipped, malted or accepted, an son my prim or subsequent default hereunder, nor shall my purponmd oral modification or reacission of Mir Purchase order by Me Purchaser operate an a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recopitt that in actual economic practice, overcharges resulting from mMms violation are in fact borate by the Forchasa Theretofore, far good rase and as cmreidatmon for exceeding flue purchase order, the Sella hereby mega to the Purchaser my and all claims it may now have or hereafter squired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by Me Purchase pursuant to this purhae order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If der Purchaser directs the Sell, to meat nonconforming a defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability a willingness to comply, the Purchases may cane the work to be performed by the roar expedidoa meets available to it, and the Sella shall pay all toss wandered with such work. The Sella shall release the Purchaser and its contractors of my for from all liability and claims of my ware resulting from the performance of such work. This melees shall apply even in the event of fault ofnegfigence ofthe Arty released and shall extend to the draws, officer and employees of such party. The Sellers coraac eobligations, including warranty, shallera be dcaned to be reduced, in MY way, banns such work is performed or caused to be performed by Me Purchaser. 14. PATENTS. Whenever the Sella is required to use my deign, device, material or process covered by lens, patent trademark or copyright the Sella shall indemnify and eve harmless the Purchaser fi an my and all claims fa infringanent by reason of the use of such internal design, devie, creactud or poems in emnectim with the contract, and Mall indemnify Me purchases for my cost, expense a damage which it may, he obliged to pay by reason of such infungemesr at my time during the prosecution or after the completion ofthe work. Incase said equipment, many Mat thacof or the intended use of the goods, is in such suit had to constitute infringement and the use of said equipment or pan is onjoincd the Sella shall, at its own expense and a its option, either pocwe for the Purchaser Me right to continue using said equipment or pans, replace the same with substantially equal but rim -infringing equipment, or modify it son becomes non-infiinf., 15. INSOLVENCY. Ifthc SellerMall become inseventor bankrupt, make. assignment fnthe benefitofaediton, appoint a receives entrance fen my of the Sellers property or business, this ordermay forthwith be canceied by fie Purchaawitlwut liability. 16, GOVERNING LAW. The dsfimtims ofterms used or the interpretation of the agnaemtent and the rights of all parties hereundershall be construct under and governed by the laws ofthe State of Colorado, USA. The following Addificee Conditions apply only in case where the Sella is to perform work hereunder, including the services of Sellers Rep.ontaive(s), on the pmnisen of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on and work at Sella's two risk until the same is fully completed and accepted, and shall, in case of my modem, destruction or injury on the work and/or materials before Settees final completion and acceptance,com,lom the work at Sella's own opens and to the satisfaction of the Purchase, When materials and equipment are furnished by others for installation or erection by the Sella, the Sellaahell ra ive, mdad store and handle same at the site and become responsible therefor as though such materials md/a equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shol, a his awn expense, provide for the payment of workers compensdon, including oceup anal disease benefits, to is employ==played on or in connection with the work coved by this purchase odor, and/or to their dependents in accordance with the laws of the sate in which the work is to be time, The Sella Mall ales tarty comprehonsive general liability including, but nor limited an, contractual and automobile public liability insurance with bodily injury and death limits of a lase 000,000 for my one perms, S50d" for my oar accident and Property damage limit pa incident of 5400,000. The Sella shall likewise require his contruches, if my, on provide for such compensation and insurance. Before my of the Seller or his contrarian employee shall de my work wpm the premises ofwhm, the Soler shill famish the Purchase with a ontificate that such compassion sal insurance have been provided. Such eenificaes shall specify the Mae when such canpmeaion and insurance have beat provided. Such certificates shall speafy the data when such compnsaim and insurance expires . The Seller agrees that such compensation and imam a shall be maintained until after the enure work is completed and incepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sena hereby assume, Me entire responsibility and liability for my and all damage, less or injury of my kind or mWae whatsoever to persons or properry caused by or reulang Fran Me execution of the wait provided for in this purchase order or in correction herewith The Sella will indemnify and bold harmless the Purchaser and any or all of the Purchasers offices, agents and mtployme from and against my and all claims, loam, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchases may be put or subject by reason ofmy aa, scrim, neglect, omission or default on Me pan of the Sella, my of his contmosers a my of Me Sell. or contrazims officers, agents a employes. In rose my suit or other pmeedin, shall be brought against Me Pumhum, ar its officers, agmm a employees at my time on account or by rases of my set actin, neglect, aoission a default of the Sella of my of his contractors or my of in or their officers, agents a semen as to at." Me Sella hereby we. to anume the defense thereof and to defend Me sane a Me Sell. own expense, to pry any and all costs, charges, momeys fen and other asperses, my and all judgments that may be income by or Moslem against Me Purchaser or MY aits or Mar officers, agents a employees in such "f or never pro edings, and in ease judgement or other lion M placed upon or obtained agomst the property ofthe Purchwer, or said parties in a as a result of such suits or other proceedings, Me Sella will a two new the mare to be dissolved and discharged by giving bond or a erwise. The Sella ad his emhncac Mali take all safety Pamtime, famish and install all goads ne.eay, for the pavention of accidents, comply with all laws and regulations with regard to safety including, bra wiMow limitaim, the Cannanore Safety and Health Act of 1970 and all mice and regulation issued pursuant thereto. Revised IIN